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(영문) 서울북부지방법원 2016.06.03 2016고단1188
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 1, 2016, at around 06:23, the Defendant used the “C Convenience store” front of the Dobong-gu Seoul Metropolitan Government “C convenience store”. On the front of the “C convenience store”, the Defendant used the convenience store’s scam scambling the support team installed by the main agent of the convenience store, and was notified of the penalty due to “dact of drinking disturbance” by the police officer E (41 years old) affiliated with the Seoul Dobong-gu Police Station D police box called out after receiving a report of damage while driving the parked vehicle by driving the parked vehicle. On the other hand, the Defendant abused the police officer E who scam home while taking a bath to the police officer E, and committed assault, such as drinking scam twice.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting processing duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes to certificates of penalty receipt;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Part concerning the observation of protection and the dismissal of prosecution of the community service order under Article 62-2 of the Criminal Act;

1. On April 14, 2016, the summary of the facts charged is that the Defendant, within the waiting room at the center of Yangwon-gun, Yangwon-gun, Yangwon-gun, the victim I of the police station, who was called by the Defendant after receiving a report of 112 that he was under the influence of alcohol and was uneasible, was able to return home to the Defendant by the Defendant, and on the part of approximately 40 people hear, the Defendant is not a bitch bitch bitch bit.

C. The victim publicly insultingd the victim by openly referring to the “Choe ....”

2. The above facts charged against the board of directors are crimes falling under Article 311 of the Criminal Act, and may be prosecuted only when a victim files a complaint pursuant to Article 312(1) of the Criminal Act.

In doing so, according to the self-agreement on May 30, 2016, it is recognized that the victim agreed with the defendant to cancel the complaint after the instant indictment. Thus, this part of the prosecution is instituted in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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